Day 28

Video: Judge reiterates orders to jury after three jurors dismissed

Judge Carlos Samour took his time talking to the jury at the end of Day 28, re-explaining his advisements about talking about the case, even with fellow jurors. Earlier in the day, he dismissed three of the 24 seated members of the jury stemming from an incident involving a juror’s husband talking over speakerphone about the trial during a break.

The judge in the Aurora movie theater shooting trial kicked three jurors off the panel on Tuesday after discovering misconduct that brought the case to a nearly day-long standstill.

Judge Carlos Samour Jr. concluded that one of the jurors had seen news reports about the case and shared details with other jurors. Samour released the other two after deciding they hadn’t been fully honest when questioned about the incident.

Samour has repeatedly told jurors that they cannot read or listen to news reports about the case, for fear of biasing the trial’s result.

Dr. Metzner finishes testimony, CBI firearms examiner up next

After lunch, the jury heard the last part of the testimony of Dr. Jeffrey Metzner, the first court-ordered psychiatrist who examined the defendant. After questions from the jury about certain medications taken by the defendant, he is released.

Next on the stand was Colorado Bureau of Investigations ballistic forensic examination expert Dale Higashi took the stand to discuss his exam of all the weapons, bullet fragments, cartridges, etc. recovered by investigators.

The defense asked for the reporting juror, 673, to be dismissed as well, but Judge Samour said that she did not know any of the specifics of the incident or the mistrial request and therefore would not be prejudiced and was allowed to stay.